Sacramento County Department of Health and Human Services v. N.Y.
208 Cal. App. 4th 34
| Cal. Ct. App. | 2012Background
- DHHS petitioned dependency for minor in June 2009 due to mother's substance abuse and risk to child; father deceased.
- Mother claimed possible Indian ancestry on ICWA-020 but tribe name was unknown; she did not provide complete ancestry information.
- ICWA notice to BIA identified minor and mother but listed no tribe; no response from BIA and court found no Indian child.
- A May 2011 petition again alleged risk; detention hearing yielded ICWA-020 indicating possible Indian ancestry but tribe unknown; mother did not complete ancestry questionnaire.
- DHHS sent ICWA notice to BIA again; court found ICWA not applicable; minor later adjudicated dependent and parental rights terminated in Dec 2011.
- On appeal, mother challenges adequacy of inquiry into Indian ancestry; court affirms that DHHS met its duty of inquiry and ICWA did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was DHHS's ICWA inquiry adequate? | Mother contends DHHS failed to pursue all sources for Indian ancestry. | DHHS conducted targeted inquiries and did not have information showing Indian status. | Yes; duty of inquiry satisfied; ICWA not applicable. |
Key Cases Cited
- In re Levi U., 78 Cal.App.4th 191 (Cal. Ct. App. 2000) (duty to inquire without requiring exhaustive independent investigation)
- In re S.B., 130 Cal.App.4th 1148 (Cal. Ct. App. 2005) (initial inquiry limited to parents; no further duty absent new information)
- In re J.T., 154 Cal.App.4th 986 (Cal. Ct. App. 2007) (adoption records not necessarily requiring social worker to obtain tribal info)